Focus on Labour Issues in the Fishing Industry
NOT IN THE SAME BOAT PREVALENCE & PATTERNS OF LABOUR ABUSE ACROSS THAILAND’S DIVERSE FISHING INDUSTRY
JANUARY 2017
Prepared by Issara Institute & International Justice Mission © Issara Institute and International Justice Mission, 2017
All rights reserved.
Issara Institute [email protected] www.issarainstitute.org
International Justice Mission [email protected] www.ijm.org
Printed in Thailand. For reprints, please contact Issara Institute.
All photo credits: Issara Institute. The Burmese fishermen shown in the photos in this report have all provided informed consent to their photos being used for this report. The men are from a community in which Issara has worked for over two years; they volunteered to ’model’ some of the abuses that fishermen face, to be used by Issara Institute in awareness and reporting materials that aim to benefit fishermen. ACKNOWLEDGEMENTS
These insights into the lives of Burmese and Cambodian fishermen would not have been possible without the valuable contributions of the following: Issara Institute’s Burmese field researchers and staff Brendan Zarni Htun, Andrew Ye Min Thu, Sai Seng Sai, Jonas Kan Zar Htet, Ohnmar Ei Ei Chaw, and Sanlatt Phyu; Issara Institute’s Cambodian field researchers and staff Chea Sophal and Sengky Chheun; and, Issara Institute’s Field Operations Manager Malayvanh Khamhoung. Issara’s field team was supported by Institute analysts and writers Dr Lisa Rende Taylor, Charlotte Tate, and Emma van Dam, and technical consultants Dr Amanda Flaim (Michigan State University), Josh Stride, and Dr Scott Sanders (Brigham Young University).
The overall research program, methodology, ethics, field team training, and report structure was designed and overseen by Dr Lisa Rende Taylor. Statistical modeling was led by Dr Amanda Flaim, who also contributed extensively to research design, sampling frame, and methodology. Dr Scott Sanders led the interpretation of Landry and Shen (2005) for the sampling frame, and supported statistical analysis. Josh Stride provided extensive expertise in fisheries supply chains.
Additional technical support was provided by consultant Dr David Feingold (Ophidian Research Institute), and Dr Katrina Baum Stone, Rachael Jackson, and Andee Cooper Parks from International Justice Mission (IJM). Security assessments, training on field security, and support to mapping the study site locations was provided by John Roberts (IJM) with support from Andrew Wasuwongse.
Funding for this research was provided by Walmart Foundation to IJM, who commissioned the research to Issara Institute.
TABLE OF CONTENTS
Executive Summary 1
Methodology 3
Profile of the Current & Former Fishermen in the Sample 5
Analysis 1. Examining the Modes of Control and Exploitation of Fishermen 6
The starting point: Labour shortages exacerbate exploitative recruitment & debt 7 bondage in the Thai fishing industry Restricted freedom of movement 8
Forced, excessive working hours and illegally low wages 11
Physical and psychological abuse 12
Concluding thoughts 13
Analysis 2. Quantitative Models of Prevalence and Risk Factors for Trafficking & Labour 14 Exploitation on Thai Fishing Vessels Overview 15 Calculation of the human trafficking outcome variable 16
Key findings from the calculation of prevalence of human trafficking 17
Key findings: Predictive analytics examining risk factors for being trafficked onto a 20 Thai fishing vessel Concluding thoughts 22
Analysis 3. Comparative Analysis of Labour Risk on Trawlers versus Purse Seine Vessels 23 in the Thai Commercial Fishing Fleet Overview 24
Key findings regarding labour risk by vessel type 27
Analysis: Key factors that may lead to abuse on Thai fishing vessels 30
Concluding thoughts 31
Recommendations 32 International response 33
Law enforcement and regulatory response 33
On the ground response 34
Endnotes 36
EXECUTIVE SUMMARY
Thailand, as the world’s third-largest seafood operations and gear creates variation in working exporter, exported 1.7 million tons of seafood conditions, treatment, and other key aspects of globally in 2014, valued at over US $6.7 billion. A work. total of 42,512 active Thai fishing vessels were Key findings of the three analyses include: recorded in 2014, catching 1.34 million tons of seafood and employing 172,430 fishermen, 82% of Illegal overwork and underpay seem to be whom were migrant workers1. It is recognized that the norm, with 74.2% of respondents a significant but unknown proportion of the Thai reporting working at least 16 hours per day, fishing fleet has been comprised of unregistered and only 11% of the sample receiving more fishing vessels, which may not be fully captured in than 9,000 Baht per month, the legal monthly government statistics. minimum wage in Thailand. 96.1% reported having to work overtime regularly, but only Investigative journalists and advocacy-oriented 3.8% reported ever receiving overtime pay; NGOs have conveyed a picture of work on Thai fishing vessels as being fraught with daily violence, The reported average pay received monthly, extreme working conditions, debt bondage, and inclusive of all overtime and deductions, was threats to life2. However, the data collected by 5,957 Baht/month (US $166.80). these efforts has not allowed for a clear measure 18.1% of fishermen interviewed reported of magnitude and severity of the labour conditions experiencing physical violence while working across the entire Thai fishing fleet. In order to gain on the fishing vessels; this abuse was three a more nuanced and objective understanding of times more likely to occur on boats that the patterns of labour recruitment and transshipped catch at sea; further, 100% of management on Thai fishing vessels, Issara fishermen on boats that transshipped crew Institute designed and implemented a suffered physical abuse; representative survey of trafficking and exploitation on Thai fishing vessels, as a part of its 76% of fishermen interviewed had been in larger body of work in this industry, with support debt bondage; from International Justice Mission and Walmart Foundation. An Issara Institute field research team 37.9% of fishermen interviewed were clearly conducted structured surveys with 260 Burmese trafficked, while an additional 49.2% were and Cambodian fishermen across 20 key Thai possibly trafficked; 12.9% of the sample fishing localities in 2016 — Nakhon Si Thammarat, reported fair labour conditions at sea and Pattani, Ranong, Samut Sakhon, and Songkhla — experiencing no exploitative recruitment; collecting information on 434 fishing jobs they had Burmese and Cambodian fishermen on vessels held in the past five years. 248 of these 260 that also had Thai general (non-supervisory) interviews were eligible for further analysis of the crew were over 70 times more likely to be prevalence of trafficking into the Thai fishing exploited and abused than Burmese and industry in the past five years (fishing between Cambodian fishermen on boats without Thai March 2011 and March 2016). crew; and, After presenting the research methodology and Trafficking cases were 11 times more likely to profile of the fishermen in the sample, this paper be found on trawlers, as compared with purse presents three key analyses: the first explores the seine and other vessel types, and pair trawlers means of control and exploitation of Burmese and had nearly double the number of physical Cambodian fishermen on Thai fishing vessels, abuse cases (29.4%) as single trawlers (16.9%). providing a nuanced picture of the nature of exploitation at sea. The second analysis applies In line with the United Nations Guiding Principles on Business and Human Rights (also known as the rigorous statistical modeling methods to estimate 3 the prevalence of human trafficking in the Thai Ruggie Principles) , global brands, retailers and fishing industry, as well as key risk factors. The importers, Thai-based businesses, government, third analysis explores differences in risky labour and civil society all have constructive roles to play practices across different types of commercial to address and improve the working environment fishing vessels in the Thai fishing industry, in recognition of how the diversity of fishing
1 in the Thai fishing industry. Fundamentally, there regulatory responses, and on-the-ground is a need to drive behavior change among vessel responses—with clear, constructive roles that can owners, boat captains, and net supervisors, as well be played by civil society, governments (source and as among government duty bearers. Identifying destination), local business (suppliers and incentives and disincentives to bring about desired recruitment agencies), and global business. It is changes is critical to achieving industry-wide hoped that this study, and the voices and change—specifically, legal and fair business experiences of the 260 men contributing to this operations, monitored improvements verified by study, can make a meaningful contribution to workers, and enforcement of laws—all leading to efforts to drive improvements in the Thai seafood the elimination of labour exploitation. Three industry, informing policy, programming, and categories of recommendations are provided— responsible sourcing. international responses, law enforcement and
The voices and experiences of hundreds of current and former fishermen contributed to this analysis—not only through structured individual interviews, but also through ad hoc small group discussions and spontaneous community gatherings made possible by Issara’s field team having established relationships of trust with migrant workers and fishermen over the years.
2 METHODOLOGY
These analyses are part of ongoing efforts to gain an updated picture of labour in the Thai fishing Figure 1. Thai Provinces Selected for the industry, including prevalence and patterns of Sampling Frame trafficking and forced labour. The findings presented here draw from a random sample survey of 260 Burmese and Cambodian migrant men, housed near ports and piers in five specified Thai provinces, who currently or in the last five years (2011-2016) worked on Thai fishing boats.
SAMPLING STRATEGY FOR QUANTITATIVE DATA COLLECTION Between March and August 2016, 260 current and former foreign fishermen (Burmese and Cambodian) were interviewed in 20 port, pier, and migrant accommodation hubs across Thailand through a four-stage sampling strategy based on sampling methods devised by Landry and Shen (2005)4 designed to generate a reliable estimate of the prevalence of trafficking in the fishing industry. Stage 1: Five provinces critical to the Thai commercial fishing industry were purposively selected on the basis of relevant statistics from the Thai Department of Fisheries, Fish Marketing Organization, and Fishmeal Producers’ Organization, such as numbers of registered commercial fishing vessels, volumes Stage 3: 20 of the 76 GPS polygons were of fish landed, and volumes of trash fish randomly selected for sampling. landed. This led to selection of the following five provinces, illustrated in Figure 1: Nakhon Stage 4: Research teams comprised of Si Thammarat, Pattani, Ranong, Samut Sakhon, Burmese and Cambodian enumerators with and Songkhla. proficiency in a range of regional and ethnic dialects followed a strict protocol to randomly Stage 2: These five provinces were visited by sample and interview current and former a mapping field team that surveyed the fishermen in each polygon, and to collect more provinces for port, pier, and migrant detailed ethnographic information in each accommodation areas housing current and polygon selected. Throughout the research former fishermen – the potential respondents. process, the team followed stringent ethical Migrant communities and neighborhoods were human subjects’ research guidelines to protect mapped in order to include residences of the rights, safety, and confidentiality of all former fishermen as well, in addition to the participants. 20 interviews were to be port/pier areas where current fishermen collected through a randomized approach in reside. Sampling zones or “polygons” were each of the 20 polygons, yielding a sample of created on a map, with global positioning 400 interviews. A minimum sample size of 375 system (GPS) polygon boundaries inclusive of was determined to ensure a .05 alpha and 95% areas where potential respondents could be confidence intervals. found. The mapping exercise provided a baseline estimate of 15,200 current and former QUALITATIVE DATA COLLECTION fishermen living and working in the vicinity of Issara field teams spend a considerable amount of the ports, piers, and communities selected; the time in the migrant communities and workplaces 15,200 potential respondents were distributed associated with the seafood industry; thus, in across 76 polygons containing approximately addition to these 260 structured interviews, rich 200 potential respondents each. qualitative data were collected on an ongoing basis
3 through informal interviews, hotline calls, and five years. From the 260 interviews, information focus group discussions with current and former was collected regarding 434 fishing jobs (also fishermen, other migrant workers, and fishing boat referred to as ‘fishing events’) on single trawlers, owners, brokers, and net supervisors. This report pair trawlers, purse seiners, squid boats, and tuna is an analysis of all of these data streams around purse seiners. the central theme of modes of control and Among the 260 individuals interviewed, 12 had exploitation in the recruitment and management exited work at sea before 2011 and were therefore of migrant fishermen in the Thai fishing industry. ineligible for consideration in the prevalence analysis, leaving a sample of 248 for the prevalence calculation. With the final sample of 248 anda LIMITATIONS & CHALLENGES margin of error of 6%, a revised estimate of alpha Due to the difficulty of accessing migrant fishermen was calculated to be .085 with a corresponding in areas in southern Thailand with active unrest, confidence level of 91.5% for the prevalence bombings, and threats from brokers and estimates. traffickers, data gathering concluded with a sample The sample of 260 was used for all other analyses. size of 260. Enumerators interviewed 100% of the In summary, then, the sample is broadly projected sample in areas that were relatively representative of all five provinces combined, and easier and/or safer to access (Nakhon Si the five provinces were selected for sampling Thammarat, Samut Sakhon and Songkhla because they represent the full range of contexts in provinces). In Pattani and Ranong, where security which individuals work with respect to fishing at risks for both researchers and potential sea—that is, the full range of labour contexts, on participants were elevated, enumerators long-haul and short-haul vessels, and across a successfully completed 33-38% of the projected range of fishing practices and vessel types. sample. Because security challenges precluded However, it is clear that some sub-populations collection of data for the full sample of 375, sites were under-sampled, for example those in the that posed extreme safety and security risks to worst labour situations in Pattani province. both enumerators and respondents were under- Cambodians are also underrepresented in the sampled. Thus, data from this study likely study since, of the five selected provinces, represent more favorable work conditions overall Cambodian fishermen are found primarily in areas among workers in the Thai fishing industry. such as Pattani, where data collection was cut Indeed, sites that posed extreme security risks short. Further, the sample excluded Thai nationals were also areas where respondents were the most in the fishing industry and so is not meant to difficult to access, the most reticent to speak, the reflect the distribution of nationality among ones most likely to provide further information workers on Thai fishing vessels. through follow-up calls to the hotline, and the ones reporting the most observed collaboration between net supervisors, employers, and police to control fishermen. Thus, the results of this study are more likely to underestimate, rather than overestimate, a minimum estimate of trafficking and exploitation in the fishing industry.
FINAL SAMPLE COLLECTED 260 interviews were collected from these zones through a randomized sampling approach. The interviews were comprehensive, and covered all fishing experiences that each man had in the past
One of the 76 GPS polygons as it displayed on an Issara enumerator’s smartphone, developed for the four-stage sampling frame as described above. The GPS polygons delineate areas where current and former fishermen were found by the mapping team. This particular polygon was not one of the twenty polygons ultimately randomly sampled for conducting interviews.
4 PROFILE OF THE CURRENT & FORMER FISHERMEN IN THE SAMPLE
SEX & AGE WORK HISTORY All of the 260 respondents were male. The Over 98% of respondents reported working in average age of the fishermen in the sample was Thailand to support family members in their home 29.9 years, ranging in age from 15 to 56 at the countries. 81.2% (n=211) had travelled to Thailand time of survey. It should be noted that as of only once for work. 14.5% (n=38) had traveled twice, December 2014, the legal age of employment for and the remaining 4.3% (n=11) reported three or fishers in Thailand is 18. four independent trips to Thailand for work. In total, these account for 319 separate trips to Thailand for NATIONALITY & ETHNICITY work from the sample of 260 respondents, the Of the 260 respondents, the majority (95.8%) average length of which was 4.5 years. These were Burmese, from an array of different ethnic separate trips were comprised of the 434 separate identities and languages including Burman, fishing work events reported by the sample of 260. Dawei, Kayin, Mon, Myeik, Rakhine, and Shan. The remaining 4.2% of respondents were Cambodian. Again, these proportions are just those of the sample and are not taken to be representative of nationalities and ethnicities in the population.
EDUCATION On average, the fishermen in the sample of 260 had achieved just under 6 years of school. 41.5% (n=108) had achieved some primary schooling, with another 53.1% (n=138) completing primary and some secondary schooling. Two respondents had completed some higher education, and 12 (4.6%) had never attended school.
PROFICIENCY IN THAI LANGUAGE Respondents were asked to self-rate their proficiency in Thai language. Only two respondents (0.8%) indicated proficiency in Thai. Another 4.6% (n=12) indicated that they could speak (though not necessarily read) Thai well, and the majority (75%; n=195) indicated they could understand and speak only a little or some Thai. 46 (17.7%) indicated they could not speak or understand any Thai. (5 people did not respond
TYPES OF FISHING VESSELS 62.7% of respondents (n=163) worked on purse seine vessels (uan dam in Thai), 22.7% (n=59) worked on single otter trawlers (uan lak in Thai), and 6.5% (n=17) worked on otter pair trawlers (lak khu in Thai). The remaining 21 respondents (8.1%) worked on other fishing vessel types, including tuna purse seine and squid boats.
5 ANALYSIS 1. EXAMINING THE MODES OF
CONTROL AND EXPLOITATION OF FISHERMEN
6 THE STARTING POINT: LABOUR SHORTAGES EXACERBATE EXPLOITATIVE RECRUITMENT & DEBT BONDAGE IN THE THAI
FISHING INDUSTRY The richer picture created with the addition of this The data indicate that exploitative recruitment and critical information indicates that the shortage of debt bondage are exacerbated by labour shortages workers, paired with pressure from boat owners, in the Thai commercial fishing industry. On one causes net supervisors to sometimes take extreme hand, the dangerous and exploitative nature of measures to retain their workforce. work on fishing vessels makes it very difficult for Reports of workers being kept at a net supervisor’s boat owners to recruit and maintain a willing house while on shore were widely reported, often workforce of fishermen on their fishing vessels that with up to 10-20 men sleeping in a room, and the meets their production needs. These difficulties are wife of a net supervisor often playing a controlling exacerbated by Cambodian and Myanmar or monitoring role. Migrant worker fishermen are government restrictions that prohibit the also reportedly often given “advance money” recruitment and hiring of their citizens through before returning to sea to purchase food, drinks, formal government-to-government channels to and personal supplies, which is deducted from work in the hazardous Thai fishing industry. their salaries and can plunge them further into debt, especially when advances are given that are INFORMAL RECRUITMENT MECHANISMS greater than their monthly pay after deductions. With few legal options for recruitment, informal The cycle of accruing more and more debt makes it mechanisms are often pursued by necessity. nearly impossible for some fishermen to work off Extensive qualitative data from working in the their debt. migrant communities around the ports and piers in This vulnerable point from which workers find and the past year to better understand labour begin their jobs on fishing vessels leads to a range recruitment systems has clarified how it is often of abuses and control that is exerted when workers now the net supervisors, hired by the boat owners, are both at sea and on shore. The patterns of who work with brokers to recruit workers from control and abuse at sea and on shore are neighboring countries. As has been widely described according to the main categories of documented for foreign migrant workers in abuse reported by the men in the sample: Thailand working in a range of industries, once a restricted freedom of movement, forced and migrant begins the process of migration with a excessive working hours, illegally low wages, and broker, they begin to accrue debt from food,
psychological abuse. shelter, and travel costs, as well as the costs of their
registration documents (pink cards). Thus, even before migrant workers start working on the fishing boats, they may already be in debt to the employer “ or broker or, rarely, the net supervisor. As shown I have 20,000 Baht debt bondage with my own brother-in-law. He’s in Figure 4, of the 260 fishermen interviewed, “ a net supervisor. I fear for my life as he has killed in front of me 76.2% (n=198) had accrued debt prior to working on a fishing boat. The fees and debts that each before—I don’t dare to run; he would kill my children. worker had accumulated were often unclear (since - Burmese fisherman they are often arbitrarily inflated), with 53.1% (n=138) registering some level of confusion with respect to the amount of debts they had accumulated and for what purpose. Running from debt
After conducting the interviews, the Issara field In Pattani, a fisherman reported that he had two friends that ran away from the pier to flee abuse. team provided respondents with a range of The net supervisor told the fisherman that he had to information and resources, including the Issara assume the debt of his friends, tripling his own debt hotline number. In every province surveyed, and making it nearly impossible for him to ever work respondents and other community members called it off. The oppressive environment coupled with the Issara hotline in the days following their deepening debt bondage led to a sense of utter interview to provide more information that they hopelessness for the fisherman. initially did not disclose. This included some net supervisors.
7 RESTRICTED FREEDOM OF MOVEMENT
CONTROL OF WORKERS’ DOCUMENTS INCENTIVES TO UNDERPAY WORKERS
Of the fishermen interviewed, 78.9% (n=205) Net supervisors appear to be incentivized by boat reported that they had been registered in the “pink owners to underpay workers and to limit and card” migrant registration process. However, only monitor their movements. Seven Burmese net 11.2% (n=29) had their original pink card on hand; supervisors interviewed by the Issara team, whose others only had a photocopy or nothing at all. For reports were independently corroborated by the 88.8% of fishermen in the sample who did not fishermen, explained how they may incur large have a pink card in-hand (n=231), their movement financial ‘punishments’ by the Thai fishing vessel was severely restricted since migrants know that owner if a fisherman leaves without paying off their the police can fine or deport them if they are seen debts or obtaining a transfer form, therefore in public and without being able to produce their incentivizing the net supervisor to control and limit original pink card. In addition, 30% of fishermen the ability of fishermen to possibly escape through interviewed (n=78) reported that their freedom of whatever means possible. movement was restricted through surveillance and Respondents in Pattani, when attempting to leave control tactics when their vessels were docked at their job, reported experiencing brokers and police ports and piers. Specifically, their movement was working together to control crew. When migrant restricted or heavily monitored by the net workers attempted to flee in the past, they have supervisors (and their wives), boat owners, the typically been caught by the police, who then called police, or – as documented in Pattani – all three. their broker and asked him/her to pay the fine of Again, fishermen in all provinces reported fear of the fisherman for not having the appropriate imprisonment and/or deportation by police if they documents on him— resulting in worsening the tried to escape. debt burden of workers. Respondents further reported that it is becoming less common for brokers to be committing actual physical abuse in some of these mechanisms of on-shore control of fishermens’ movement – which makes sense if productivity of labour would be compromised by injury, and the shortage of workers makes migrant
fishermen less “disposable.”
8 LOCK-UP LEGAL RESTRICTIONS TO FREEDOM OF MOVEMENT
In some piers of Sichon district, Nakhon Si Freedom of movement is also restricted by the Thai Thammarat province, brokers reportedly wait for Labour Protection Act B.E. 2551 (2008) and the the workers on the pier to put them into lock-up January 19, 2010 Cabinet Resolution, requiring that immediately after disembarkation. Brokers migrant workers can only leave a job and seek new reportedly keep the fishermen locked in their employment with another employer if they have a rooms as the they worry that the fishermen will run permission letter from their current employer to do away without paying their debts. There are reports so. In total, 31.9% of fishermen respondents of one broker in this area keeping the fishermen in (n=83) reported that they could not willingly quit shackles as a punishment for making a mistake at their jobs because they could not get permission work or asking for money. (In 2015 there was a from their exploitative employer to seek a new job. case of a Burmese father and son who were held, In the context of the labour shortage and steep shackled, by their broker in this same location, as competition between boat owners for workers, assisted and reported by a local community-based fewer employers may be willing to provide such organization based in Samut Sakhon. The assistance, whether or not they had exploitative authorities did not recognize them as trafficking labour management practices. For migrant victims and deported them.) Another broker workers who lacked documents altogether, they reportedly has a gun and has killed some fishermen reportedly rarely exercised any of their basic rights, before; the fishermen believe that this broker will even to health care, because of fear of reprisal for kill or torture them if they run away. In Sichon, seeking assistance. fishermen see running away as the only option to escape debt bondage, but it comes with the risk of being killed or tortured.
“It’s easy to get a job here...but impossible to leave…”
In one pier area in Nakhon Si Thammarat province, the workers have to pay the broker at least 10,000 Baht (US $285) to work on the boats. Fishermen reportedly do not receive their salary for 11 months, and in
some cases the net supervisor will deduct all of their monthly salary for various debts they supposedly owe. Some fishermen reported only being
paid 10,000 baht in total for the entire 11-month work period. To ensure their debts are paid, net supervisors reportedly keep the fishermen locked in a room.
I have been waiting almost 6 years to get my resignation letter “
They withhold my pink card, resignation letter and “ from the boat owner. He said he will give it to me but I had to couple months’ salary. What can I do? I can’t keep working on his boat. I feel like a bird without wings. “ run without any money….If I get caught anyways, I “ - Burmese fisherman would end up in fetters and maybe even get killed. - Burmese fisherman
9 10 FORCED, EXCESSIVE WORKING ILLEGALLY LOW WAGES HOURS WAGES PAID ARE BELOW THE LEGAL OVERWORK APPEARS TO BE SYSTEMIC MINIMUM ACROSS THAILAND
Excessive working hours were reported across all Severe payment delays and deprivation of wages five provinces and all commercial fishing vessel appear to be routine business practice across the types. Whereas respondents seemed to hesitate to Thai fishing industry in all five provinces surveyed. rate working conditions as very poor or poor on These practices seem to be linked: by withholding most issues, fishermen reported dire conditions wages and underpaying workers, net supervisors about excessive work on boats. In total, 79.2% reinforce their restrictions on the movement of (n=206) reported working hours on boats to be "very their workers, as workers are forced to continue poor" or "poor" relative to their other jobs. 91.2% working on the boat in the hopes of getting paid – of workers (n=237) reported having to work seven a pattern of credit bondage. days per week with no breaks, and 74.2% (n=193) of Of the 260 workers interviewed, 45% (n=117) workers reported working at least 16 hours per day. received less wages than they had agreed upon. Twenty-plus hour work days were reported by Only 11.2% (n=29) received 9,000 Baht or more 12.7% of the men surveyed (n=33) – equating to at per month, the legal monthly minimum wage in least 140 hours per work each week, or at least 2.3 Thailand, not inclusive of overtime. The average times the amount of work allowed by law. (As a monthly wage reported by the 260 interviewed reference, prior to December 2014, the maximum fishermen was 5,957 Baht/month (US$166.80; legal number of working hours per week was 60, minimum = 0 Baht, maximum = 30,000 Baht which included eight regular working hours per day, (US$838.90)), with 96.1% (n=250) reporting six days per week and then a maximum of 12 hours having to work overtime but only 3.8% (n=10) per week of voluntary overtime paid at 1.5 times reported ever having received any overtime pay. their normal hourly rate. As of December 2014, 25 men (9.6%) reported that they were never fishermen gained the right to 10 hours of rest every paid for their work at all. 24 hours minimum, and 77 hours of rest per week minimum.) With regard to monthly salary deductions, 39.2% (n=102) reported having deductions from their In some cases, workers were beaten and their lives pay that were unclear, unfair, or excessive; 37.7% threatened if they did not keep working through (n=98) reported that they thought the deductions these excessively long durations of time. During made were mostly fair – though this finding these long-hour days, fishermen often did not have simply reflects a perception and does not time to eat meals, which further contributed to necessarily mean the deductions were legal. The fatigue, increased the likelihood of accidents, and average deductions made per month were 13,192 increased risk of abuse at the hands of frustrated Baht (US$377), ranging from 99 Baht to 50,000 supervisors. Fishermen in Ranong, Songkhla, and Baht (US$2.83 - $1,429) – meaning, when coupled Pattani provinces reported having to work seven with the lesser income, that most fishermen were days a week as the norm; in Samut Sakhon, workers kept in debt bondage through underpayment and reported receiving a day off only rarely. excessive or arbitrary deductions. Excessive hours of work do not end at sea. Once the In summary, the practice of paying illegally low boats return to shore, most workers reported having
wages appears to be widespread. Moreover,
to continue to work mending the nets. In Songkhla, despite the widespread pattern of forcing workers fishermen reported having to mend nets on shore
to work excessive hours, foreign fishermen in
from midnight to 6 am, then again from 9 am to 4 Thailand are almost universally denied overtime pm. Some respondents in one of the southern
payment as required by Thai law. “
provinces reported being taken by pick-up trucks to “ other boats and forced to go back out to sea, sometimes even being sold onto other boats in other provinces several hours’ drive away. My life is in the hands of the boat captain and net I have to beg for my wages like a dog when I’m supervisor once the boat leaves the shore. supposed to get paid. - Burmese fisherman “ - Burmese fisherman “
11 Paid US$251 for one year of work on a pattani fishing boat
In Pattani, a Burmese fisherman was interviewed during the course of the 2016 survey as he was packing his bags to leave. He explained that he was quite ill and could not continue working on the boat. After 12 months of working on the boat, he was just now receiving his salary. Upon taking the job, it was agreed that he would be paid every six months at the rate of 5,500 Baht a month (~US $157/month), which was 61% of the legal minimum wage. However, after a year of work, he was only paid 8,000 Baht (~US $251/year), or 7.4% of the legal minimum wage, not including overtime. The payment was made by his net supervisor’s wife, and when he questioned the amount, she responded that she had lost the record of his payments through the year. Like most Burmese fishermen in Thailand, he had no contract; therefore he reported being powerless when receiving severely lower wages than were promised. It is noteworthy that, by this time, the Ministerial Regulation Concerning Labour Protection in Sea Fishery Work B.E. 2557 (2014) had already mandated that employers must keep records of time worked, payments, and a written contract, and provide a copy of these documents to their employees.
PHYSICAL AND PSYCHOLOGICAL ABUSE
While the amount and type of abuse varies by boats, new fishermen are “trained” by the net province, 18.1% of those interviewed (n=47) supervisor through extensive verbal abuse for reported experiencing physical abuse while making mistakes or not completing tasks correctly. working on the fishing boats. The nature and Reports were heard across all sampled provinces of extent of physical abuse on Thai fishing vessels fishermen sick at sea with body aches and fever varied; 35.8% (n=93) reported violent working being threatened to be pushed overboard or killed conditions, characterized by experiencing physical if they did not continue to work. Net supervisors, in abuse and/or witnessing abuse at sea. A subset of Pattani and Nakhon Si Thammarat in particular, this group (6.2% (n=16)) reported also witnessing also reportedly utilized the threat of police action murder at sea. 2.3% (n=6) reported extremely to force the workers to obey them, with many local violent working conditions as characterized by fishing vessel owners appearing to have physical abuse, witnessing abuse, and witnessing “protective” relationships with local law murder at sea. enforcement that help control workers. At the same time, reports of psychological abuse It was regularly reported that the net supervisor comprised of verbal abuse, threats to life (often sometimes creates a competitive environment on including the display of weapons), or verbal abuse the vessels by favouring certain fishermen over paired with financial abuse such as deepening debt others. “Favoured” fishermen are reportedly paid bondage were common in every province sampled. more than the others, creating an environment Verbal abuse was reportedly so prevalent that cowing workers into meek submission in the hopes virtually all fishermen considered it normal to be of financial reward, and leading other workers to yelled at and called derogatory names by their fighting each other out of frustration and jealousy superiors. Reported discrimination from the Thai because of the unjust inequalities that are actually boat owners and captains against the Burmese outside of their control. There were also regular fishermen was widespread, oftentimes coupled informal reports of net supervisors, brokers, and with specific insults that are especially culturally brokers’ wives also forcing the fishermen to buy derogatory, such as being told their worth was less drugs from them, and if they did not they would be than that of an animal – which, in Burmese culture, made “outsiders” and bullied. is especially insulting. Additionally, instead of being trained in the appropriate skills to work on the
12 CONCLUDING THOUGHTS
In general, employers can respond to issues of Global brands, retailers, and importers, Thai-based labour scarcity in two ways: either by offering businesses, government, and civil society all have attractive job conditions that “outcompete” other constructive roles to play to address and improve potential employers in retaining employees; or, this environment—and specifically, to drive through control measures to forcibly retain positive instead of negative strategies to retain workers, which negatively impact the rights and fishing crew. The recommendations section at the well-being of fishermen. back of the report proposes some direct actions that can be taken.
13 ANALYSIS 2. QUANTITATIVE MODELS OF PREVALENCE AND RISK FACTORS FOR TRAFFICKING & LABOUR EXPLOITATION ON THAI
FISHING VESSELS
14 OVERVIEW
Several recent research studies have documented Vessel type: Trafficking cases in the concerning patterns of worker exploitation and sample were over 11 times more likely to trafficking within the Thai fishing industry. While have occurred on trawlers, as investigative reports and smaller-scale research compared with purse seiners and other based on in-depth interviews indicate that work at vessels (p=.027) ; sea is dangerous, violent, and often extremely exploitative, only one research study has Duration of time spent at sea: Odds of attempted to address the extent of trafficking and being trafficked decreased by 3% for exploitation of workers at sea – a 2012 survey of every additional month spent at sea – over 500 fishermen in four provinces conducted by meaning that, controlling for the effects of the International Labour Organization and the other variables discussed, risk of Chulalongkorn University5. 16.9% of respondents exploitation or coercion seems to slightly in this study’s sample were determined to be decrease as time at sea increases (p<.001); victims of forced labour. However, it was not a and representative sample since it was based on a snowball sampling scheme, it relied on officers of Presence of Thai crew on boats: Burmese the fisheries associations to facilitate data and Cambodian migrant workers on collection, and it under-sampled key groups such vessels that also had Thai general (non- as undocumented fishers and long-haul fishers. supervisory) crew were over 70 times This 2016 research study, which comprises a more likely to be exploited and/or a representative survey of 248 men who have bused, as compared to individuals who worked at sea on Thai fishing boats in the last five worked on boats without ethnic Thai crew years (2011-2016), addresses this significant gap in (p=.018). the knowledge base.
This study found that an estimated 37.9% of In order to contextualize these findings to most Burmese and Cambodian men who have worked usefully inform policy and practice on the ground, on Thai fishing vessels in the past five years have this analysis proceeds with, first, defining the been trafficked in at least one of their fishing jobs. measures, instruments, and methods used to An additional 49.2% experienced either significant detect trafficking, exploitation and coercion. exploitation or coercion in their work at sea Following this, the findings section provides more suggestive of possible trafficking. In total, this nuanced information about the experiences and research indicates that at least 87.1% of fishermen work conditions of fishermen in the Thai fishing experience significant forms of exploitation and/or industry, including prevalence and risk of trafficking in their work at sea. Only 12.9% of exploitation and human trafficking. fishermen reported working in fair, safe conditions. Predictive risk modeling further examining the coercion, exploitation, and violence that characterizes work at sea reveals that three factors are statistically significantly associated with risk of being trafficked onto a Thai commercial fishing vessel:
15 CALCULATION OF THE HUMAN TRAFFICKING OUTCOME VARIABLE
To determine which respondents had experienced The definition of human trafficking under the Thai trafficking or exploitative work conditions, this Anti-Trafficking in Persons Act B.E. 2551 (2008) is in study drew on the definition of human trafficking line with the international definition of human set forth in the Palermo Protocol, which was trafficking as laid out in the Palermo Protocol as adopted by the United Nations to supplement the well. Given these two key references for the 2000 Convention against Transnational Organized definition of trafficking, this survey included a Crime6. According to the Palermo Protocol, human variety of questions aimed at identifying whether trafficking is deemed to occur when each of the or not each respondent had experienced the ‘act,’ following three elements of the crime occur: the ‘means,’ and/or ‘purpose’ of human trafficking act, means, and purpose of trafficking. during the one fishing job of his time in Thailand that he deemed to be his worst or most The act of trafficking refers to the challenging job on a Thai fishing boat in the past “recruitment, transportation, transfer, five years. To ensure that the determination of harboring, and/or receipt of individuals.” trafficking status was adequately robust, a number The means of trafficking refers to the of questions regarding a variety of aspects of each “threat or use of force, coercion, element were included in the measure. However, abduction, fraud, deception, abuse of to ensure that the determination of trafficking power or vulnerability, or giving status remained conservative, questions regarding payments or benefits to a person in experiences that are possibly, but not definitely, control of the victim.” indicative of trafficking (such as being threatened by an employer or receiving significant delays in The purpose of trafficking refers to payment) were excluded. Table 1 provides an exploitation, “which includes exploiting outline and justification of each question asked to the prostitution of others, sexual detect trafficking and exploitation in the study exploitation, forced labour, slavery or sample. similar practices and the removal of organs.” Table 1. Outline of each variable used to define human trafficking cases.
NECESSARY QUESTION DESCRIPTION AND JUSTIFICATION ELEMENT For all individuals who are not Thai, the variable demonstrates that individual has been ACT What is your nationality? ‘transported’ and/or ‘received’ from another country.
Work on fishing boat not known or consented to. For those who did not know they would be What type of work did you think you would be doing? working on a boat, this variable demonstrates deception and fraud.
Were you ever detained or held in a room against your Ever detained against will (by brokers, net supervisors, etc.). For those who were detained MEANS will? against their will, this variable shows force and abuse of vulnerability. Could not stop work voluntarily. For those who could not quit work voluntarily, variable Could you have stopped working if you wanted to? shows force.
Did a person of authority ever physically abuse you? Ever experienced abuse. For those who experienced abuse, variable demonstrates force.
Received payment. For those who never received any money, this variable demonstrates How much was your actual received salary? exploitation and possibly a form of slavery. Did you receive all of the amount that was agreed prior Not paid the agreed upon amount. For those who were not paid the agreed upon amount, this to going to sea? variable demonstrates exploitation. PURPOSE OF EXPLOITATION Excessive or unfair deductions from pay. For those with unfair and/or excessive deductions, or Were any deductions made? For what? How much? those with all pay deducted, this variable demonstrates exploitation.
How many hours did you work per day? Please Hours of work per day. For those who reportedly worked more than 14 hours per day, this describe work and rest periods. variable demonstrates exploitative and excessive work.
16 The key element of the crime of human trafficking were then totaled to give each individual a is the purpose or outcome of exploitation – trafficking score of 1, 2, or 3. without it, human trafficking cannot be The three elements for the determination of established. With it, human trafficking is either prevalence of human trafficking within the survey clearly established (if the elements of act and sample are summarized in Figure 7. Three means are confirmed) or suggested. At the very categories were created: not trafficked, possibly least, exploitation is confirmed, which is in itself trafficked, and (clearly) trafficked. Cases deemed illegal according to Thai labour laws. At the same as not trafficked did not demonstrate the elements time, the crime of human trafficking is well of means or purpose. Possibly trafficked cases understood to be a process whereby the purpose demonstrated act and means, or, purpose of of exploitation may take months to be clear. For exploitation but without clear means. Trafficked example, a fisherman at sea for one or two months cases demonstrated all three elements. who does not receive pay may be hopeful that his pay is, indeed, forthcoming; however, several more months of lack of payment would clearly reveal exploitation. In these instances, the elements of the act and means may be identifiable and suggestive of a possible purpose of exploitation, even if the exploitation itself has not yet been clearly proven. In accordance with the above definition of human trafficking, a respondent had to experience one or more aspects of each element of trafficking (act, means, and purpose) in order to be considered trafficked. To determine a respondent’s trafficking status, he was first given a score for each element of trafficking (0 if he had not experienced that element, 1 if he had). The three element scores
KEY FINDINGS FROM THE CALCULATION OF PREVALENCE OF HUMAN TRAFFICKING
Using the above standards to define human trafficking, as illustrated in Figure 8, the study found that 37.9% of Burmese and Cambodian fishermen had been trafficked in the past five years (2011- 2016). An additional 49.2% were classified as possibly trafficked. Only 12.9% reported having relatively fair and clear working conditions at sea. These proportions were consistent throughout the five-year period, meaning that there were no significant changes in these proportions from year to year.
17 ACT measures suggest. Specifically, as illustrated in Because all of the respondents were migrants from Figure 9, while only 14.1% of the sample of 248 Myanmar and Cambodia, 100% of the sample meet reported personally experiencing physical abuse on the basic criteria for being ‘transported’ and/or a fishing boat, 31.5% witnessed firsthand the ‘received’ for work. physical abuse of other workers at sea. 5.6% (n=14) of the 248 fishermen reported witnessing While not included in the conservative measure of the murder of a fellow fisherman at the hands of trafficking used in this study, several other an employer, while 15.7% (n=39) of respondents considerations provide a more nuanced reported hearing of specific murders occurring at understanding of the extent to which individuals in sea. While these events may not directly coerce an the sample experienced the act of trafficking, individual into working and thus are not accounted relating to exploitative brokering. Specifically, for in the conservative measure of trafficking, 69.8% of the sample (n=173) owed money to a these events can have considerable coercive broker or a boss for the cost of recruiting and/or effects on fishermen, to the extent to which they transporting them to work on boats in Thailand. may be easily controlled for fear of serious Among this group who were in debt for their reprisals at the hands of captains, net supervisors, migration to Thailand, 10.1% had to repay the boat owners and others. broker who enabled their travel (n=25), while 62.1% owed money to the boat owner (n=154). Another 28.2% owed money to their employer, net supervisor, or broker (n=70). While arrangements for travel and work in Thailand for migrants can be 31.5% difficult, debts accrued to employers and supervisors in return for paying off debts to brokers often amount to conditions of debt bondage and clearly fall under the Palermo 15.7% Protocol’s definition of the act of human trafficking (“giving payments or benefits to a person in control of the victim”7). Essentially, these insights demonstrate the linkages between the act 6.5% including recruitment and the means including the 3.6% abuse of power or vulnerability that may come out of exploitative brokering.
MEANS As noted in the construction of the indicator for trafficking, individuals were considered to have experienced the means of trafficking if they had been deceived (6.5%), detained (3.6%), forced to work (coerced) (31.5%), and/or abused (15.7%) (see Figure 8). In total, 56.5% of the sample (n=140) never encountered any of the means of trafficking by this strict definition. Among the 31.5% remaining individuals who experienced at least one form of the means of trafficking, 31.5% (n=78) experienced only one form; 9.3% (n=23) experienced two forms; 2.4% (n=6) experienced three forms; and 0.4% (n=1) reported having 15.7% 14.1% experienced all four forms. The trafficking indicator is comprised of conservative and objective measures of the means 5.6% of trafficking. However, other data that incorporate more subjective experiences of individuals suggest that the means of trafficking may be more widespread than these stricter
18 PURPOSE As noted in the construction of the indicator for trafficking, individuals were considered to have experienced the purpose of exploitation if they had never 73.4% been paid for their work (9.3%), were significantly underpaid (46%), had excessive and unfair pay deducted from their wages (46%), or were forced to work 14 hours or more per day (73.4%), 46% as illustrated in Figure 10. In total, 18.5% 46% of the sample (n=46) never encountered any of the purposes of trafficking by this strict definition. Among the remaining individuals who experienced at least one form of the purpose of trafficking, 30.2% (n=75) experienced only one form; 14.5% (n=36) experienced two forms; 31.5% 9.3% (n=78) experienced 3 forms; and 5.2% (n=13) reported having experienced all four. Wages and payments. As with the construction of the means index, only conservative and objective measures are rest every 24 hours, and 77 hours of rest in any included in the construction of the purpose of seven-day period, meaning 14-hour work days exploitation indicator. For example, only maximum are allowed, as long as the total 77 individuals who never received any money (9.3%, hours of rest are granted within the course of the n=23) were given a score of 1 for the trafficking week. For the indicator used for this baseline, index. However, another 27.4% of the sample individuals who reportedly worked for over 14 (n=68) reported receiving their wages only after hours per day were given a score of 1 on the experiencing significant delays or problems, purpose index. Of the 248 respondents in this suggesting that the incidence of trafficking may be sample, 75.8% (n=188) reported working 15 or more widespread than these conservative more hours per day, and 80.2% (n=199) rated their measures suggest. Figure 11 illustrates how, as working hours as “poor” or “very poor.” See discussed in Analysis 1, delaying payment, while Figures 12 and 13 for objective and subjective possibly being due in part to poor management or measures of overwork. financial difficulty, appears to be an increasingly widespread mechanism to coerce workers who would otherwise choose to leave a job to stay and keep working, in the hopes of receiving the full payment due to them. Analysis 1 also found that only 11.2% of respondents received 9,000 Baht or more per month (approximately US $257), the legal monthly minimum wage in Thailand, not inclusive of overtime. And, the average monthly wage reported by respondents was 5,957 Baht per month, which is 66% of the legal minimum wage. Excessive working hours. With respect to the number of hours that fishermen are expected to work, the benchmark for determining purpose of exploitation references Thai law. The Ministerial Regulation Concerning Labour Protection in Sea Fishery Work B.E. 2557 (2014) mandates a 10-hour
19 KEY FINDINGS: PREDICTIVE ANALYTICS EXAMINING RISK FACTORS FOR BEING TRAFFICKED ONTO A THAI FISHING VESSEL THREE KEY RISK FACTORS Vessel type: Trafficking cases were over 11 Multivariate regression models further examining times more likely to have occurred on the risk factors associated with being trafficked at trawlers, as opposed to purse seiners and sea are summarized in Table 2. Best-fit other vessels (p=.027); conditional, sequential binomial logistic regression Duration of time spent at sea: Odds of analyses were constructed to model the effect of a trafficking decreased by 3% for every range of predictive variables on the odds of being additional month spent at sea in a single trafficked. Predictor variables included boat trip. Thus, the odds of exploitation or characteristics such as type of fishing vessel, coercion seems to slightly decrease as duration of trip, the presence of Thai crew on the time at sea increases (p<.001); and, vessel, and the province of embarkation. A range of demographic variables were also included, such Presence of Thai crew on boats: Burmese as age, educational attainment, marital status, and Cambodian migrant fishermen on ethnicity, and Thai language proficiency, as well as vessels that also had Thai general crew physical and mental health. were over 70 times more likely to be exploited and/or abused, as The predictive modeling reveals three factors that compared to individuals who worked on are statistically significantly associated with odds of boats without ethnic Thai general (non- being trafficked onto a Thai commercial fishing supervisory) crew (p=.018). vessel:
20 Table 2. predictive risk modeling: risk factors for being trafficked onto a Thai fishing vessel
VARIABLE ODDS RATIO P-VALUE BOAT CHARACTERISTICS Trawler (ref.) -- Purse seine 0.09 .027 TYPE OF BOAT Pair trawler 0.38 * Squid boat 0.05 * Other 0.49 * 0.97 <.001 DURATION OF TRIP
THAI CREW ON 70.9 .018 BOARD DEMOGRAPHICS AGE 0.98 *
EDUCATION 0.92 * Burmese -- Dawei 0.42 * ETHNICITY Rakhine 0.26 * Khmer 0.41 * Other 1.76 * 1.01 * THAI LANGUAGE PROFICIENCY
* = not significant
INTERPRETATION OF RISK FACTORS 2. Why would the risk of being trafficked be 1. Why might fishermen face lower risk of being lower on fishing trips of longer duration? The trafficked on a purse seiner as compared with duration of work trip (in months) was found to a trawler? Further qualitative research could be statistically significantly associated with the provide enriching insight on this question, but a odds of being exploited or coerced at the review of some of the fundamental differences p<.001 level. While the finding is statistically between these two vessel types suggests the significant, the degree of effect appears to be following possible factors: minimal. The inverse association detected Trawlers fish farther from shore than purse between the duration of time at sea and the seiners, as they require deeper water to odds of being exploited or coerced suggests trawl. As such they are less likely to be that the longer one spends at sea on a fishing inspected by or come into contact with vessel, the more protected one is from being authorities; exploited or coerced. The high level of Purse seine vessels have shorter trips with statistical significance of the finding, yet the higher quality catch than trawlers, so they small degree of influence associated with are less likely to transship catch or crew, a duration of time at sea, indicates that more practice that limits the ability of crew to analysis and possibly data collection is needed disembark on shore; and, to fully understand how time spent at sea is Purse seiners are larger vessels with gear related to vulnerabilities among fishermen. requiring a significantly larger crew than trawlers. It may be easier for an 3. Why might working on a mixed-nationality exploitative boat captain and/or net crew including Thais pose so much risk of supervisor to control and possibly abuse a abuse to Burmese and Cambodian fishermen? smaller foreign crew than a larger crew. In In this study, the presence of Thai workers on a a related vein, a larger foreign crew may be boat had the largest overall effect on the potentially more threatening to the boat likelihood of being trafficked. Migrant captain and supervisory crew than a smaller fishermen who worked on boats with at least one. one Thai general crewman (that is, non- supervisory, non-specialist crew)
21 were 70 times more likely to be trafficked than the exploitation of migrant fishermen. Follow-up those working on boats with no Thai crewmen. No research on this finding would be helpful to reveal other underlying causal factors (i.e., causing a the true role of Thai general crew in the spurious correlation) were detected, thus exploitation of Burmese and Cambodian fishermen suggesting that Thai workers on the boat may be at sea, and if their involvement in the exploitation somehow participating in, or overseeing, and/or coercion is widespread.
CONCLUDING THOUGHTS
The Thai fishing industry appears to face a number human trafficking, shifting procurement to ethical of systemic challenges to the elimination of human suppliers and away from non-ethical suppliers. In trafficking from the sector, including widespread fact, the supplier standards and codes of conduct debt bondage, overwork, and illegally low pay. used by most of the US and European Fortunately, these are issues that can be addressed supermarkets include specific points mandating through a range of different tactics, and through that suppliers must abide by national laws, and not engagement by a range of different partners. use forced or child labour—see, for example, the Base Code of the Ethical Trading Initiative, a key For example, illegally low wages and persistent reference for most UK supermarkets8, as well as overwork amount to forced labour and the Standards for Suppliers of Walmart9. exploitation, which are crimes that can be addressed by the criminal justice sector. Again, as with Analysis 1, we conclude that global Additionally, they are violations of labour law that brands, retailers, and importers, Thai-based could be detected and addressed by labour businesses, government, and civil society all have authorities as well, who can also bring in law constructive roles to play to address and improve enforcement partners in cases where the labour abuses in the Thai fishing industry. The exploitation is serious. recommendations section at the back of the report proposes some direct actions that can be taken. Global brands, retailers, and importers can also more strongly encourage their suppliers to uphold zero tolerance policies on forced labour and
22 ANALYSIS 3. COMPARATIVE ANALYSIS OF LABOUR RISK ON TRAWLERS VERSUS PURSE SEINE VESSELS IN THE THAI COMMERCIAL
FISHING FLEET
23 OVERVIEW
The Thai fishing industry itself is often discussed as less than 5 to less than 10GT, and are restricted to a single, homogenous entity facing the same fishing within the government’s designated Coastal challenges across the board. However, Thailand’s Fishing Zone10. These operations tend to be family Exclusive Economic Zones (EEZ) in the Andaman run, using small vessels operated by two or three Sea and Gulf of Thailand are multi-species fisheries, individuals and generally only catching enough fish and the nature of the industry that works them is to sustain a family or sell small amounts into a local as diverse as the geography and fish that define market. Therefore, the focus of this paper is on them. With nearly 10,000 vessels classified as the remaining 22% of the industry classified as ‘commercial’, ranging from 10 gross tons (GT) and ‘commercial’, which provides the majority of above, employing many different fishing gears and employment in the sector, particularly for migrant methods targeting a wide range of species, it is workers, and accounts for almost all of the product helpful to understand how the diversity of fishing entering international supply chains. operations and gear creates a significant variation in working conditions, treatment, and other key Vessels of 10GT and above are classed as aspects of work. commercial, and this category also covers a wide variety of vessel types, target species and crew This 2016 comparative analysis of labour sizes. In this study, the great majority of conditions by commercial fishing vessel type – respondents surveyed worked on one of three primarily single trawlers, pair trawlers, and purse types of vessels: purse seine vessels (uan dam in seine vessels – found that working hours were Thai), single trawlers (uan lak in Thai) and pair excessive and pay was often illegally low across all trawlers (lak khu in Thai). Significantly, these three vessel types. However, levels of physical and types of vessels constitute nearly half (48%) of all psychological abuse varied by vessel type: 29.4% of commercial vessels in Thailand and 78% of the the 17 men on pair trawlers (n=5) were physically largest vessels weighing 60GT and above. abused, as compared with 16.9% of 59 men on According to the Thai Department of Fisheries single trawlers (n=10) and 13.5% of 163 men on (DoF), catch from trawlers and purse seiners makes purse seine vessels. (n=22) Characteristics of work up around 80% of the total catch from Thai vessels and the nature of fishing on the different vessels – annually, accounting for 44% and 36% of total such as time at sea, waters fished, crew size, catch respectively. transshipping, and tighter profit margins – are explored as contributing factors to the higher risk Geography plays a significant role in the types of of abuse found on trawlers versus purse seiners. vessels operating from a given port. The majority of vessels calling in Samut Sakhon, for example, are A DIVERSE INDUSTRY purse seiners because they are not travelling far The Thai fishing industry, like Thailand’s fisheries into the Gulf of Thailand to fish, whereas larger themselves, is diverse. The great majority (78%) of numbers of trawlers can be found in ports around the 42,512 vessels counted by the Royal Thai Songkhla and Ranong, given their closer proximity Government’s most recent survey are considered to open, deeper water on Thailand’s southern Gulf ‘artisanal’. These vessels are relatively small, from and Andaman coast.
A Thai uan dam ‘black net’ purse seiner returns to port with its net arranged on the deck.
24 PURSE SEINE (UAN DAM)
Purse seine fishing vessels use a surrounding purse By-catch – the incidental capture and death of non seine net that encircles a school of fish before the -target marine animals – is generally less of an lead line is pulled in to close the net on the bottom issue with purse seiners than with trawlers, which (‘pursing’), preventing the fish from escaping by sweep over a long distance on or close to the swimming downwards. Purse seine nets are seabed, and which also may use smaller mesh size employed worldwide to catch species of fish that nets more likely to capture juvenile fish. Purse school in the middle of the water column seining methods also generally do less damage to (‘pelagic’), ranging from small sardines to larger the catch, meaning what is landed is generally of tuna. In Thailand, purse seiners are referred to as higher quality and value than trawl catches. Purse uan dam, or ‘black nets’, though more recently seiners also travel significantly less distance than these nets are often green in colour. Depending trawlers. Fishing grounds are concentrated on the on the mesh size of the nets, uan dam are able to east and west sides of the Gulf of Thailand and target sardines and anchovy, as well as Indo-Pacific southern part of the Andaman Sea, and trips mackerel, scads and tuna using a variety of generally last between one and five days. Shorter methods, including lights or other fish-aggregating trips, combined with less fuel-intensive fishing devices (FADs) to attract fish to the area, and also methods than trawlers (which conduct several more sophisticated sonar fish- multi-hour trawls per day), make purse finding techniques. seiners more cost-effective on the whole than trawlers. Purse seine crew sizes are generally much larger than those found on various types of A standard encircling purse trawlers due to the demands seine net (left) and otter board associated with regularly trawl configuration (below). setting, closing and retrieving the nets, as well as sorting the catch. Crew sizes generally range from 10-30 crew, depending on the size of the vessel, with an average crew size of 33 among respondents in this study.
SINGLE TRAWLERS (UAN LAK)
Globally, single trawlers employ a number of either side of the large open end of the net, which variations on the trawl method, which can target help to keep the net open and funnel fish into it. both pelagic (mid-water) and demersal (on or near These boards are dragged along the sea floor, the bottom of the sea bed) species. These helping to flush bottom-dwelling fish into the net. variations generally influence how the net is When in port, otter board trawlers can be deployed from the vessel (that is, from the stern or identified by the large boards on deck at the stern side), how the net is kept open to allow fish in of the boat. (using beams, otter boards, etc.), and where within the water column the net sits (pelagic vs. Single trawler vessels generally have the smallest demersal). In essence, trawling involves a net that crew, with an average crew size of eight as is open on one end and closed on the other being reported by respondents in this sample, though in- pulled through the water to gather fish. port observations have recorded trawler crews of as few as four. Though requiring less crew than In Thailand, all trawlers are classified as targeting purse seiners, work aboard trawlers can be long demersal fish, meaning their gear is deployed on and extremely difficult. Most trawler vessels or close to the seabed. The vast majority of single conduct several trawls of up to four hours every trawlers in Thailand are otter boards. Otter board day, in combination with other work on the vessel, trawlers employ large wooden or steel boards on including catch, sorting, and net repair.
25
The lack of selectivity, the distances covered by each trawl, and its proximity to the seabed means by-catch is particularly high, and often includes non-commercial species such as sharks, rays and turtles. As a result, trawl fishing can be extremely damaging to the environment, particularly when employing small mesh nets, which may capture small and juvenile fish. Trawl fishing can also damage the catch by crushing fish at the back of the net, meaning the catch landed is often of lower quality and value. As a result, ‘trash fish’ used to produce fishmeal comprise a substantial proportion of trawler catches.
Trawlers must also travel significantly further to find the deeper water fishing grounds they require, meaning trawler fishing trips are more often measured in weeks and even months, rather than days. This level of activity is also extremely fuel-intensive, with several multi-hour trawls per day at a fishing speed of three to four knots. When combined with the increased journey times to and from port, fuel costs become a critical concern for trawler operations. As a result, transshipment of catch and crew is more prevalent in trawler operations as a means of mitigating the need to expend fuel returning to Trawler vessels in port. Note the red-brown doors on the port. It has been hypothesized that a higher back of some vessels, indicating otter board trawlers. prevalence of abuse may be found on trawlers because of this.
PAIR TRAWLERS (LAK KHU)
Pair trawlers operate in much the same way as while the other remains at sea. As with single single trawlers, targeting the same species and trawlers, transshipment of catch and crew at sea is facing similar challenges regarding time at sea, also hypothesized to be widespread among pair travelling distance, fuel cost, and catch quality. trawlers, in order to mitigate the increased fuel However, instead of a single vessel towing the costs associated with longer journeys and trawl trawl net, the net is attached to two vessels operations generally. operating a set distance apart and moving in The average crew size reported by respondents on tandem to tow it through the water to keep the pair trawl vessels in this sample was 15, which is mouth of the net open. These vessels can be the larger than single trawlers, but significantly smaller same size, though often one is much larger and than purse seine crews. acts as a ‘mother ship’, which transports the catch,
Two pair trawlers fish in tandem at a consistent distance and speed, dragging a net suspended between the two boats.
26 KEY FINDINGS REGARDING LEABOUR RISK BY VESSEL TYPE
WORKING HOURS Comparing reports of abuse by vessel type, 13.5% of respondents working aboard purse seine vessels Working hours are one of the labour outcomes that report direct personal experience of physical abuse did not exhibit considerable variation by vessel (22 of 163), compared with 16.9% of men working type, ranging from an average of 14.3 hours per aboard single trawlers (10 of 59) and 29.4% of men day on squid boats to 16.5 hours per day on single working on pair trawlers (5 of 17). trawlers, as illustrated in Figure 14. The findings suggest that crew on all types of vessels are being Violence, threat of violence, and witnessing of made to work excessive hours, under both Thai and violence are powerfully coercive tools by which international law. Across all vessel types, Burmese abusers can control others, particularly fishermen and Cambodian crew worked an average of 16.2 spending long periods at sea. It is therefore hours of work per day at sea. Considering that important that we consider not only direct Thailand’s Ministerial Regulation concerning experience of physical abuse, but also the Labour Protection in Sea Fishery Work B.E. 2557 psychological abuse caused by witnessing or (2014) mandates no less than 10 hours rest in a 24- hearing about violence against fellow crew. hour period, it is clear that the average crew Respondents working aboard both types of member is being made to work at least two hours trawlers were considerably more likely to witness more per day, nearly every day, than legally the abuse of a crewmate (40.7% or 24 of 59 for allowed. single trawlers, and 41.2% or 7 of 17 for pair trawlers) than those working on purse seiners (27%, or 44 of 163).
16.5 16.2 16.3 Reports of witnessing murder were considerably less than has been documented by UNIAP in 15.6 200911—although the 59% of fishermen witnessing murders was reported from a non-representative sample of victims rescued from long-haul Thai 14.3 boats in Malaysia. While 13.6% (n=8) of the 59 men working on single trawlers and 14.7% (n=24) of the 163 men working on purse seiners reported hearing of murder, this was twice as prevalent amongst those working on pair trawlers, with
29.4% (5 of 17) reporting they had heard of murder at sea.
PREVALENCE OF PHYSICAL AND PSYCHOLOGICAL ABUSE
Figure 9, in Analysis 2, illustrated prevalence of reported and witnessed abuse, and witnessed murders, among fishermen respondents. The 29.4% violence reported by respondents was primarily inflicted by net supervisors and captains, using a wide array of weapons including guns, knives, wooden sticks, fish baskets, large ropes, stingray 16.9% tails, and fetters. Most of the murders that 13.5% respondents were willing to describe in detail were related to gun-related deaths where fishermen were shot in front of their co-workers, and co- workers had to help carry the body and throw it into the sea.
27 WAGES & PAYMENT PAYMENT SCHEMES
On page 11, it was reported that the average In the global fishing industry there are generally monthly wage reported by the 260 interviewed two types of payment schemes for crew: a flat fishermen was 5,957 Baht/month (US$166.80), In hourly or daily rate, and a percentage share of the comparing wages of men according to their vessel catch (‘catch sharing’). There exists considerable type, it was found that respondents working debate around the relative advantages and aboard lak khu pair trawlers have substantially disadvantages of either scheme, and many fishers, lower wages than other vessel types, with the particularly those working in higher value fisheries, average payment reported being 4,718 Thai baht prefer to share a percentage of the catch. In these per month (approximately US $134). This is around cases, catch sharing can be more lucrative, 16% less than those working aboard purse seiners provided the fisher is entitled to a reasonable – who reported receiving an average of 5,606 Thai percentage of the catch and the catch is of higher Baht per month (approximately US $160) – and value. 36% less than those working on single trawlers, However, these arrangements can sometimes be who received 7,277 Thai baht per month opaque and are open to abuse, particularly where (approximately $208) on average. The higher level the fisher is unaware of the catch volume or does of payment aboard single trawlers is interesting not have a pre-agreed contract stating the and may merit further investigation, although it is percentage they are entitled to. In some cases, noteworthy that all of these amounts are below which are potentially relevant to Thailand, catch the legal minimum wage of 9,000 Baht per month sharing can be used by vessel owners as a way of (not including overtime pay, even though overtime paying crew properly only when the vessel is is the norm as discussed in Analysis 1 and 2). profitable, thereby minimising the owner's risk. With regard to rates of non-payment and In general, this aspect of the industry needs to be problematic or delayed payment of wages, 67.1% better understood, and better regulated to ensure of the 163 purse seine crew received their wages crew are not being underpaid for a poor catch over on time and in full, compared with 49.1% of the 59 which they have very little control. Ideally, fishers men working on single trawlers and 52.9% of the would always be paid in accordance with the 17 men working on pair trawlers. The most national minimum wage as a floor, with the catch significant disparity between vessel types emerges share added to that. among respondents who reported not being paid at all for their work aboard these vessels – The survey findings provide some insight into the situations clearly amounting to forced labour. This prevalence of different payment schemes within practice appears to be relatively low amongst purse the industry. It is interesting that the highest seine crew, only 6.2% of whom reported receiving proportion of crew receiving a share of the catch is no wages. Those working aboard single trawlers aboard purse seiners (32.5%, or 53 of 163), as were almost twice as likely to not be paid (10.9%) compared with single trawlers (22%, or 13 of 59) as those on purse seiners, while 23.5% of all those and pair trawlers (17.6%, or 3 of 17). This may be working on pair trawlers reported not being paid, the result of a more stratified hierarchy owing to making them nearly five times as likely to go larger crew sizes, as it is generally only longer- unpaid as those fishing on purse seiners. serving crew who are offered this arrangement, though it is unclear at what stage crew are usually offered this option. The higher quality of purse seine catches combined with more regular landings 8,000B may also make this option more appealing on these 7,278 B types of vessels. Further investigation is required to 6,071 B provide a fuller understanding of the distribution of 5,606 B payment schemes aboard different vessels. 4,718 B
28 ENCOUNTERS WITH THAI AUTHORITIES TRANSSHIPPING & VIOLENCE The survey gathered information on the frequency One remarkable finding of the survey is the of contact with different Thai authorities at port association between transshipping of catch and crew and at sea, but generally the this information was at sea with the prevalence of abuse. Transshipping difficult to collect because crew were often not at sea has become integral to the Thai fishing clear about exactly which authority they were industry to mitigate high fuel costs associated with dealing with, or when exactly these encounters returning to port, and allow vessels and crew to took place in relation to when the government’s remain productive. Partly the result of decades new, more comprehensive inspection regime came without official oversight, it has also long been into force. considered a means by which unscrupulous and illegal operators can avoid official scrutiny, stop crew The Issara field team had prepared an extensive from escaping, and continue to profit from reference sheet with photos of all the different unregistered or illegal vessels by remaining at sea for uniforms and sea vessels of different authorities in prolonged periods. The government has attempted Thailand and other countries, and the most to crack down on this activity by requiring vessels to significant and well- supported findings related to obtain authorisation before transshipping, but encounters with the Thai Navy at sea. Thai Navy transshipment authorisation documents are were clearly identifiable by most respondents by worryingly rare considering the prevalence of the their uniforms and vessels, and have a significant practice. presence of inspection vessels at sea. Under Thailand’s recent fisheries reforms, the However, the association between transshipment at government has set a 10% inspection target for all sea and the prevalence of physical and psychological vessels at sea, which is being led by the Navy. The abuse suggests that combatting unauthorised survey found that 68.1% of respondents who had transshipments may also have a significant impact on worked on single trawlers and 64.2% of the levels of abuse suffered by crew. Of the respondents working on purse seiners had respondents who reported transshipment of their encounters with the Thai Navy at sea by crew, catch at sea, 44.4% reported being abused (8 of 18), while only 36% of respondents working on pair making them more than three times more likely to be trawlers had similar encounters. These findings abused than those who did not report transshipment also support a number of reports by fishing vessel of catch, only 12.8% of whom reported abuse (31 of owners that many unregistered or illegal trawlers 242). However, amongst the five respondents who are remaining at sea and fishing on the edge of the reported transshipment of crew at sea, 100% also patrol areas in order to avoid inspection. reported suffering abuse, compared with 13.3% who were abused but did not experience transshipment Considering the higher risk of abuse to crew of crew at sea (34 of 255). This suggests that working on pair trawlers compared with their transshipment of catch and especially of crew at sea counterparts aboard single trawlers and purse is, in fact, associated with more abusive operators. seiners, the disparity in rates of contact with the Thai Navy seems particularly worthy of note. As This notion is further supported by findings that the noted, pair trawlers fish considerably further out to vessels with the highest prevalence of abuse, single sea and for longer periods of time than purse and pair trawlers, are also significantly more likely to seiners, which are more likely to encounter engage in transshipment of both and catch and crew. authorities. Furthermore, the nature of pair Those working aboard single and pair trawlers were trawling, involving at least two vessels, and often more than twice as likely to have experienced multiple vessels supplying a ‘mother ship’ for transshipment of catch, at 10.2% and 11.8% transporting fish, means that these vessels are able reporting respectively, compared with 4.3% working to remain at sea longer and continue fishing far on purse seiners. For transshipment of crew, a from shore by transshipping catch and crew with practice that should be considered higher risk since it other vessels. enables vessels to remain at sea almost indefinitely, single and pair trawlers were respectively three and six times more likely to engage in transshipment of crew than purse seiners, where only 1.2% of men working on purse seiners reported ever experiencing transshipment of crew at sea.
29 ANALYSIS: KEY FACTORS THAT MAY LEAD TO ABUSE ON THAI FISHING VESSELS
As mentioned, the data demonstrate that the appears to be a direct relationship between highest prevalence of abuse and violence is aboard transshipping and the prevalence of violence in lak khu pair trawlers, with nearly 30% of Thai fishing industry, with the highest risk vessels respondents who worked on pair trawlers also the most likely to engage in transshipment of reporting direct experience of physical abuse, as catch and crew at sea. Again, this is a practice that well the largest proportion of those experiencing is largely unnecessary amongst the purse seine other factors such as witnessing abuse or hearing fleet. about murder. By considering the characteristics of pair trawling operations, a series of risk indicators CREW SIZE begins to emerge. Interestingly, many of these Crew sizes are dependent upon the size of the characteristics are also shared by single trawl vessel and type of gear employed, and may be operation, which provides insight into why this significant in at least three ways with regard to type of vessel exhibits the second highest labour. The first regards living conditions where prevalence of abuse in the survey. crew numbers can be checked against the size of the vessel and its capacity. While large crew sizes ISOLATION are not a definitive indicator of poor living Pair trawlers, and to a similar extent single conditions, large crew sizes on vessels ill-equipped trawlers, operate far from shore for weeks or to cater to them certainly are. Second, the Thai months at a time, leaving crew isolated. The Department of Fisheries is currently gathering relatively low level of contact with officials further information on both minimum and maximum compounds and confirms this sense of isolation. crewing levels for every vessel, so that crew The distance from land also makes it incredibly numbers can be checked against this information. unlikely that crew will be able to obtain a mobile Once available, these metrics can provide an signal to communicate with shore, while other indicator of possibly unsafe or excessive working forms of communication are largely unavailable to conditions where crew numbers are inadequate crew. This sense of isolation and the knowledge of and unsuitable living conditions where crew an extended period at sea may make crew more numbers are excessive. susceptible to and more easily controlled by violence or the threat of violence. Significantly, Third, there appears to be some association very few of these factors exist among the purse between crew size and the prevalence of abuse. seine fleet, who often fish close enough to shore to While this is not conclusive, it is worth considering pick up a mobile signal and return to port fairly the effect that larger crew sizes may have on the regularly, as well as having considerably more propensity of senior crew towards violence or contact with authorities. other forms of abuse. As discussed, purse seiners have a significantly lower prevalence of abuse than TRANSSHIPPING single or pair trawlers, as well as a considerably Adding to the sense of isolation and distance while larger crew. It is possible to imagine that a smaller contributing to extended or indefinite periods at crew fishing in more isolated areas, unable to sea, transshipping is common practice across the communicate with the shore, and facing the industry, and is built into the pair trawl business prospect of many weeks at sea could be more model. Multiple vessels transshipping catch, crew easily controlled through violence and other forms and supplies with a ‘mother ship’ at sea allows of abuse. Equally, the heavy-handed treatment of vessels to avoid returning to port, a practice that a crew of 30 or more on a trip of just a few days particularly appeals to operators attempting to may present more of a risk to senior crew than avoid official scrutiny. As has been observed, there they are willing to accept.
30 CONCLUDING THOUGHTS
HIGH OVERHEADS, TIGHT PROFIT MARGINS, AND trawler operators can be extremely tight. As in LABOUR SHORTAGE many industries around the world, this can lead to labour being viewed as one of the few areas where The nature of trawl operations requires savings can be made, leading to under or non- significantly more fuel, in both the distance payment of wages and excessive working hours for travelled to fish and the act of fishing itself. Fuel is increased output. a fixed and often increasing cost, which operators have little control over. Transshipment is widely Finally, the entire Thai fishing industry continues to used in order to mitigate these costs, which suffer a labour shortage for a number of increases the risk of abuse. High overheads, longstanding reasons. However, due to the nature particularly high fuel consumption, should of trawl fishing, including long periods at sea, therefore be considered a risk factor for an excessive hours, poor pay and higher levels of increased likelihood of abuse. abuse, the shortage is acutely felt in this section of the industry in particular. According to some Due in part to the fuel demands of trawl vessel owners, the difficulty recruiting and then operations, as well as the often low quality and retaining crew has led some to favour keeping value of the catch, fluctuating raw material prices crew at sea for prolonged periods so they are and, recently, dramatically increased reporting and unable to escape, as discussed in greater detail in administrative requirements associated with Analysis 1. Thailand’s fisheries reforms, the profit margins for
31 RECOMMENDATIONS
32 RECOMMENDATIONS: DRIVING REFORM GROUND-UP AND TOP- DOWN In line with the UN Guiding Principles on Business and Human Rights (also known as the Ruggie Principles)3, global brands, retailers and importers, Thai-based businesses, government, and civil society all have constructive roles to play to address and improve the working environment in the Thai fishing industry. Fundamentally, there is a need to drive behaviour change among vessel owners, boat captains, and net supervisors. Identifying incentives and disincentives to bring about desired change for these actors is critical to achieving desired industry-wide change—specifically, legal and fair business operations, monitored improvements verified by workers, enforcement of laws, and elimination of labour exploitation.
INTERNATIONAL RESPONSE Media, advocacy groups, and consumers are buyers simply source elsewhere, vessel-level increasingly applying pressure on global brands reforms are not likely to take place and the and retailers by tracing and publicizing the supply working conditions for fishermen are not likely to chains of businesses who source seafood from be improved. Global brands and retailers, vessels with unethical working conditions. Multi- alongside importers, are therefore encouraged to: national corporations, driven by potential loss of Ensure that suppliers operate within the shareholder and brand value as well as ensuring law, including, at minimum, that fishermen that their business ethos/supplier codes of conduct have contracts, payslips, and timesheets are being upheld, make sourcing decisions that recording hours and payments that are take into account these risks, as well as the legal, and that all workers have control over prospects for timely change and reform. As good their identity documents; and, corporate citizens, opportunities to try to improve the business environment should be pursued by Look to and scale up on-the-ground these global brands and retailers before more solutions (see next page) that will increase drastic decisions are made, such as cutting visibility and strengthen their supply chains suppliers or pulling out of a country altogether. If down to the vessel level.
LAW ENFORCEMENT & REGULATORY RESPONSE
Generally, it is the responsibility of government to Reforming policies that allow employers to ensure that protections for workers are in place restrict the free movement of fishermen, and that law enforcement and policy regulation is for example the 2010 Cabinet Resolution effectively being carried out. A business-led supply prohibiting workers from changing chain response to improve working conditions will employment without a permission letter only go so far if the enabling environment is not from their current employer—particularly in conducive to reforms, otherwise the risks of light of the overall context of the industry’s operating in that locale outweigh the benefits. The labour shortage. reputational risk (perceived or actual) then comes into question, which can impact the stability and longevity of the entire industry. Recently, the Further, as highlighted in this study, evidence Royal Thai Government has taken widely suggests that trawlers are not being inspected as documented steps to reform the laws surrounding regularly as purse seiners, perhaps because they the seafood industry (discussed in Series Paper fish further away. Regulatory authorities should 112). It is now primarily a matter of the Thai therefore ensure that: Government enforcing these laws, prosecuting Its 10% inspection target includes a perpetrators of forced labour, and filling the breakdown of vessels by gear type and that remaining gaps in implementation, specifically: the number of inspections are Proactively investigating and punishing the proportionate to the total number of vessels widespread debt bondage and systematic employing each gear. Inspection reports illegally low underpayment and overwork should include the numbers of each type of found in the Thai fishing industry, through vessel inspected to ensure that inspections both criminal and labour law sanctions; and, accurately reflect the range of vessels in the Thai fleet.
33 Trawlers in general, and pair trawlers in End unauthorised transshipment. Given the particular, should be considered a higher higher prevalence of transshipment priority than other types of vessels. amongst trawlers, and survey findings Following its commitment to intelligence- linking transshipment with likelihood of led monitoring and inspections, the abuse, the government is encouraged do government should prioritise thorough more to end unauthorized transshipments inspections of trawler vessels, including at sea. For example, logbooks could be confidential and ethically conducted crew checked against historical VMS data to cross interviews with appropriate interpretation -check and verify the locations where the assistance. vessel was fishing, and that the catch was not transshipped without authorization.
ON THE GROUND RESPONSE The response and actions of industry also needs to and, how to get out of the job if it is not a involve government in order to support foreign good match for the worker; investment, provide a level playing field, and Training local businesses, fishing enforce regulations to make the industry associations, and labour department competitive and attractive. Efforts from authorities on how to better recruit, train, organizations such as the Seafood Sustainable manage, and retain fishermen, and how to Supply Chain Task Force and International Labour monitor and respond to requests for Organization, for example, are seeking to bring assistance when abuses are reported, about sectoral changes and improvements. Civil including less direct means of exploitation society organizations are also seeking to improve such as employer denials to provide awareness of migrant workers’ rights. resignation permission letters;
Individual businesses need to ensure that their Introducing Issara Inclusive Labour own operations are meeting, at minimum, Thai Monitoring (ILM), whereby workers have legal requirements as well as the codes of conduct improved communications channels required by their customers. Industry leaders and (worker voice) to identify labour issues and associations can proactively support inform the improvements that need to be improvements in their own supply chains and made in a workplace or industry; develop coordinated actions that demonstrate an Prioritizing ILM and worker voice industry-wide response and commitment to communications at sea, particularly real- reform, to maintain competitiveness in the global time connectivity of fishermen at sea— market. Furthermore, businesses should ensure efforts are currently underway to develop that proper assistance and restitution is offered to satellite-based communications technology fishermen who are exploited in their supply chain. to enhance how captains and skippers Practical change can be achieved through a report their catch in real-time, for better number of approaches, including: traceability. These same technologies could also be adapted to provide crew with Distributing practical information to real-time communications connectivity as migrant workers that can empower them well, thereby allowing them to report even in environments where migrant issues or request assistance if needed. workers are not very empowered – for example providing “new job orientation” Recognizing and incentivizing vessel information from current fishermen to new owners and boat captains with strong fishermen (through video and social media) track records that respect the rights of in their native language, on the realities fishermen, provide good safe working and basics of working on Thai trawlers and conditions, and attempt to retain purse seine commercial fishing vessels, to fishermen through positive retention attempt to avoid some of the violence that strategies rather than control tactics; comes with “training” of new recruits –
34 Strengthening ethical recruitment The Thai fishing industry already has most of the channels and access to information for building blocks to reform. In line with the Ruggie migrant workers to reduce the prevalence Principles, it is the responsibility of government of workers entering into work already in and business, both local and global, and with debt bondage situations; collaboration with civil society and workers themselves, to drive change through the supply Increasing visibility and accountability of chain down to fishing vessel owners to conduct local officials who have responsibility over legal and fair business operations, monitor the management of fisheries in their improvements verified by workers, and reward jurisdiction; and, improvements made—as well as enforce existing Providing support for exploited fishermen laws, prosecute perpetrators of forced labour, and to safely exit exploitation, find safe work, disincentivize continued labour exploitation. reunite with family, and get back on their feet. These are modest investments with dramatic impacts on the lives of exploited fishermen in the initial months of their recovery.13
35 ENDNOTES
1 Thai Department of Fisheries Ministry of Agriculture and Cooperatives (2015). Marine Fisheries Management Plan of Thailand, A National Policy for Marine Fisheries Management 2015-2019. Thailand: Thai DOF. 2 International Organization for Migration (2011). Trafficking of Fishermen in Thailand. Bangkok: IOM. Human Rights Watch (2010). From the Tiger to the Crocodile: Abuse of Migrant Workers in Thailand. New York: Human Rights Watch. CNN Freedom Project (April 2011). Enslaved on ‘ghost ships.’ http://thecnnfreedomproject.blogs.cnn.com/2011/ 04/04/enslaved-on- ghost-ships/ Al Jazeera Fault Lines (2016). A trafficked fisherman’s tale: 'My life was destroyed.’ http://www.aljazeera.com/indepth/ features/2016/03/trafficked-fisherman-tale-life-destroyed-160303122451399.html Associated Press (April 2015). Over 300 slaves rescued from Indonesia island after AP investigation into forced labour. https:// www.ap.org/explore/seafood-from-slaves/over-300-slaves-rescued-from-Indonesia-island-after-ap-investigation.html The Guardian (June 2014). Trafficked into slavery on Thai trawlers to catch food for prawns and Revealed: Asian slave labour producing seafood for supermarkets in US, UK. https://www.theguardian.com/global-development/2014/jun/10/-sp-migrant-workers- new-life-enslaved-thai-fishing Labour Rights Promotion Network (2015). Thailand Trafficking Case Studies. Samut Sakhon: LPN. 3 United Nations Office of the High Commissioner for Human Rights (2011). UN Guiding Principles on Business and Human Rights. Geneva: UN-OHCHR. 4 Landry, Pierre F and M Shen (2005). Reaching Migrants in Survey Research: The Use of the Global Positioning System to Reduce Coverage Bias in China. Political Analysis Vol. 13 (1): 1-22. 5 Asian Research Center for Migration, Institute of Asian Studies, Chulalongkorn University and International Labour Organization (ILO) (2014). Employment Practices and Working Conditions in Thailand’s Fishing Sector. Bangkok: ARCM and ILO. 6 United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. United Nations General Assembly - http:// www.osce.org/odihr/19223?download=true 7 Ibid. 8 Ethical Trading Initiative (1998). Ethical Trading Initiative Base Code. London: ETI. 9 Wal-Mart Stores, Inc. (2012). Standards for Suppliers of Walmart. http://cdn.corporate.walmart.com/1e/6e/ 8ccddc7a4db28195534b85fec528/standards-for-suppliers-english.pdf 10 For the Gulf of Thailand the Coastal Fishing Zone runs from the mean low water line to 6 nm (11.11 km), and the Coastal Fishing Zone for islands runs from the mean low water line to 3 nm (5.56 km). For the Andaman Sea, the Coastal Fishing Zone runs from the mean low water line to 3 nm (5.56 km), and the Coastal Fishing Zone for islands runs from the mean low water line to 1.62 nm (3.00 km). 11 United Nations Inter-Agency Project on Human Trafficking (2009).Exploitation of Cambodian Men at Sea. Bangkok: UNIAP. 12 Issara Institute (2016). Current & Potential Impacts of Legal Reforms on Businesses and Workers in Thailand’s Fishing Industry. Bangkok: Issara Institute. 13 Please see feedback from assisted victims of trafficking on fishing boats: https://www.youtube.com/watch?v=zCKvslvgeVE
36 Issara Institute is an independent U.S. not-for-profit corporation based in Thailand, Myanmar, and the United States tackling issues of trafficking and forced labour through data, technology, private sector partnerships, and innovation. People—including worker voice and feedback—are at the center of Issara’s data and intelligence work, and at Issara Labs we conduct a wide range of research, analytics, and technology development related to human trafficking in global supply chains—the people, the policies, the impact, and how to eliminate it.
International Justice Mission (IJM) is a global organization that protects the poor from violence throughout the developing world. IJM partners with local authorities to rescue victims, bring criminals to justice, restore survivors and strengthen justice systems. In Southeast Asia, IJM has worked with authorities in Cambodia, the Philippines and Thailand to rescue and restore more than 1,950 victims of trafficking, and to facilitate the arrest of more than 1,025 suspects and the convictions of more than 370 criminals. Around the world, IJM’s work is helping to protect more than 21 million people from violence.
Issara means freedom > Www.issarainstitute.org